How is the loss or impairment of a plaintiff’s earning capacity valued?
British Columbia, Canada
The following excerpt is from Achan v Jin, 2020 BCSC 1430 (CanLII):
The loss or impairment of a plaintiff’s earning capacity may be valued using either the earnings or the capital asset approach: Perren v. Lalari, 2010 BCCA 140 at para. 32. Both are correct. The earnings approach is viewed as more appropriate where a plaintiff has a history of earnings and the loss is more easily measured. The capital asset approach is typically used when a plaintiff has no clear earnings history, although it is not restricted to this circumstance.
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